By Bailey H.B. No. 2455 75R5285 JSA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to alternative means of resolving personnel disputes in 1-3 institutions of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-6 amended by adding Section 51.9085 to read as follows: 1-7 Sec. 51.9085. ALTERNATIVE DISPUTE RESOLUTION. (a) In this 1-8 section: 1-9 (1) "Alternative dispute resolution procedure" means 1-10 an alternative dispute resolution procedure to which a matter may 1-11 be referred under Subchapter B, Chapter 154, Civil Practice and 1-12 Remedies Code, including mediation, mini-trial, moderated 1-13 settlement conference, summary jury trial, nonbinding arbitration, 1-14 or a combination of these procedures. 1-15 (2) "Governing board" has the meaning assigned by 1-16 Section 61.003. 1-17 (3) "Institution of higher education" means a general 1-18 academic teaching institution, medical and dental unit, or other 1-19 agency of higher education, as those terms are defined by Section 1-20 61.003. 1-21 (b) It is the policy of this state that disputes be resolved 1-22 informally and expeditiously when possible, and that each state 1-23 agency support this policy by developing and using alternative 1-24 dispute resolution procedures in all areas of the agency's 2-1 operations, programs, and functions. Therefore, the state 2-2 encourages institutions of higher education to use mediation and 2-3 other alternative dispute resolution procedures in order to 2-4 peaceably resolve personnel disputes, including employee 2-5 grievances, and to avoid costly and protracted litigation whenever 2-6 possible. 2-7 (c) This section may not be applied in a way that will deny 2-8 a person a right granted to the person by state or federal law, 2-9 including the right to a public administrative or judicial hearing. 2-10 (d) The chief administrative officer of each institution of 2-11 higher education shall designate a senior official to serve as the 2-12 dispute resolution coordinator of the institution. The official is 2-13 responsible for and must be given the necessary authority within 2-14 the institution to: 2-15 (1) become personally knowledgeable about alternative 2-16 dispute resolution procedures; 2-17 (2) implement within the institution the dispute 2-18 resolution policy established by this section; and 2-19 (3) conduct the reviews and produce the reports 2-20 required by this section. 2-21 (e) Each institution of higher education, through its 2-22 dispute resolution coordinator, shall review all of its rules, 2-23 procedures, and policies relating to the resolution of personnel 2-24 disputes, including grievances, among its employees. Each 2-25 institution shall adopt procedures that address the use of 2-26 alternative dispute resolution in personnel disputes, including 2-27 employee grievances. The institution of higher education may 3-1 consult with the Center for Public Policy Dispute Resolution at The 3-2 University of Texas School of Law in performing the review and 3-3 establishing the procedures required by this section. 3-4 (f) Each institution of higher education shall regularly 3-5 review the effectiveness of the procedures adopted under this 3-6 section. 3-7 (g) Each institution of higher education shall provide for 3-8 continuous training for the dispute resolution coordinator of the 3-9 institution and other appropriate employees to ensure compliance 3-10 with this section. The training must include the theory and 3-11 practice of alternative dispute resolution procedures and their 3-12 appropriate uses by an institution of higher education. The 3-13 dispute resolution coordinator shall periodically recommend to the 3-14 chief administrative officer of the institution other employees 3-15 whose participation in alternative dispute resolution training 3-16 would benefit the institution. 3-17 (h) Any individual who is acceptable to the parties to a 3-18 dispute and who serves at the will of the parties may serve as an 3-19 impartial third party in an alternative dispute resolution 3-20 procedure conducted under this section, as long as that individual 3-21 satisfies the minimum qualifications and abides by the standards 3-22 and duties established by Subchapter C, Chapter 154, Civil Practice 3-23 and Remedies Code. An impartial third party may be a permanent or 3-24 temporary employee of state government. The cost for the services 3-25 of an impartial third party shall be distributed equally among the 3-26 parties to an alternative dispute resolution proceeding. 3-27 (i) In order to keep the costs to a minimum, the parties to 4-1 an alternative dispute resolution proceeding are encouraged to use 4-2 the services of a Texas dispute resolution center or of one or more 4-3 trained employees of another institution of higher education or 4-4 other state agency to serve as an impartial third party. 4-5 Institutions of higher education may enter into agreements with one 4-6 another that provide for the reimbursement in kind or otherwise by 4-7 the user institution or by the parties of the full or partial cost 4-8 of the services of an employee as an impartial third party. 4-9 Institutions of higher education may use the Center for Public 4-10 Policy Dispute Resolution at The University of Texas School of Law 4-11 as a center for the exchange of personnel to serve as impartial 4-12 third parties. An institution of higher education may contract 4-13 with another institution of higher education, a state agency, 4-14 including the Center for Public Policy Dispute Resolution at The 4-15 University of Texas School of Law, or a private person for any 4-16 services necessary to comply with this section. 4-17 (j) Communications and records related to an alternative 4-18 dispute resolution procedure authorized by this section are 4-19 protected from disclosure as provided by Section 154.073, Civil 4-20 Practice and Remedies Code. 4-21 (k) An alternative dispute resolution procedure adopted 4-22 under this section may be used only if each party to the dispute 4-23 consents to the use of the procedure. Nothing in this section 4-24 requires a party to a dispute at an institution of higher education 4-25 to enter into an agreement pursuant to an alternative dispute 4-26 resolution procedure. 4-27 (l) Not later than June 1, 2000, each institution of higher 5-1 education shall report the results of its review under Subsection 5-2 (f) up to that date to the governor and to the chair of the 5-3 standing committee of each house of the legislature with primary 5-4 jurisdiction over higher education. The report must comply with 5-5 the confidentiality provided by Subsection (j) with respect to 5-6 specific matters submitted to alternative dispute resolution. This 5-7 subsection expires January 1, 2001. 5-8 (m) Each institution of higher education shall adopt initial 5-9 procedures as required by this section not later than June 1, 1998. 5-10 This subsection expires January 1, 1999. 5-11 SECTION 2. This Act takes effect September 1, 1997. 5-12 SECTION 3. The importance of this legislation and the 5-13 crowded condition of the calendars in both houses create an 5-14 emergency and an imperative public necessity that the 5-15 constitutional rule requiring bills to be read on three several 5-16 days in each house be suspended, and this rule is hereby suspended.